G.S. SISTANI, J.

1. Both the appeals arising out of a common judgment have been argued together and are being disposed of by a common judgment.

2. Present appeals have been instituted under Section 374 of the Code of Criminal Procedure, 1973 (‘Cr.P.C.’) against the judgment dated 10.11.2014 and order on sentence dated 13.11.2014 passed by the Additional Sessions Judge (‘Trial Court’) in Sessions Case 08/2014 arising from FIR 17/2013 Police Station Ambedkar Nagar, by virtue of which both the appellants have been convicted under Section 302/34 of the Indian Penal Code (hereinafter referred to as ‘IPC’) and sentenced to undergo simple imprisonment for life with a fine of Rs.20,000/- each and in default of payment of fine, to further undergo simple imprisonment for one year. The appellant Raj Kumar @ Lala was also convicted under Section 27 of Arms Act, 1959 and was sentenced to undergo simple imprisonment for a period of three years with a fine of Rs.10,000/- and in default of payment of fine, to further undergo simple imprisonment for a period of six months. Both the sentences awarded to the appellant Raj Kumar @ Lala were ordered to run concurrently.

3. The present case pertains to the murder of one Rohit (‘deceased’) at the hands of the appellants and one Asif (declared juvenile in conflict with law ‘JCL’). Before the rival submissions of the learned counsel of the appellants can be considered, we deem it appropriate to state the case of the prosecution, as noticed by the Trial Court, which is as under:

“1. DD No.51-A regarding stabbing of a person near the bus stop of Bus Route No. 521, Sector 5, Ambedkar Nagar, was received in Police Station Ambedkar Nagar on 14.01.2013 and the said DD was marked to ASI Mam Chand for necessary action. After receiving the DD No.51- A, ASI Mam Chand along with Ct. Ram Avtar reached near bus stand 521, the road dividing C and D Block, Dakshin Puri, but could not find any public witness there. Police officials came to know that injured has been taken to hospital in PCR Van. In the meanwhile, staff of the beat also reached the spot. ASI Mam Chand left beat HC Ratan Lal and Ct. Vineet at the spot and proceeded to Trauma Centre, AIIMS with HC Ram Avtar and in the hospital collected the MLC of Rohit Gupta s/o Sh. Rakesh Kumar Gupta, The injured was declared dead in the hospital by the concerned Doctor and no public witness was found at the hospital. ASI Mam Chand came at the spot and found lot of blood there. No public witness was found at the spot. Hence, an FIR u/s. 302 IPC, PS Ambedkar Nagar was lodged and investigation was marked to the SHO PS Ambedkar Nagar Inspector Abhay Singh Yadav, the then SHO PS Ambedkar Nagar. The spot was got inspected by the crime team, photographs were taken. Investigating Officer prepared the site plan of the spot. Investigating Officer collected the chappals of the deceased, earth control and blood samples from the spot and got them sealed in sealed pullanda and deposited the same in the police station. Thereafter Himanshu, brother of the deceased, came to the spot and Investigating Officer recorded the statement of Himanshu. Himanshu in his statement u/s 161 Cr.PC stated that he is running a dhaba at Bus Stand Route No. 521, Dakshin Puri and his brother Rohit used to come to his dhaba occasionally to assist him. On 14.01.2013, at about 11 pm when Himanshu and deceased Rohit were in the process of closing the dhaba, accused Raj Kumar @ Lala, Rahul @ Bhuri and Asif, who were known to Himanshu came to the dhaba and demanded food from Rohit. Rohit told them that dhaba has been closed and food is not available. On hearing this accused Raj Kumar and his associates started abusing Rohit. Himanshu intervened and rescued his brother and accused Raj Kumar @ Lala, Rahul @ Bhuri and Asif left the dhaba. After sometime, Himanshu and Rohit closed the dhaba and started going to their house. Himanshu was 20-25 steps ahead of Rohit, when all of a sudden Rohit cried and when H